Hunting Regulations - Newfoundland and Labrador

Possession of live wild life (NOTE: these are not the "official" regulations)

82. Subject to subsection 7(3) of the Act and subject to these regulations, every person in possession or control of live wild life shall, immediately upon coming into that possession or control, apply in writing to the minister for a permit to keep the live wild life in captivity.

17/84 s57

Import of wild life

83. (1) Except with the prior written permission of the minister,

(a) a person shall not import or bring into the province any wild animal;

(b) a person shall not bring into the island portion of the province from Labrador any wild animal.

(2) For the purpose of this part the term "wild animal" means any live animal, including without limitation, any amphibian, arthropod, bird, coelenterate, crustacean, fish, other invertebrate, mammal, mollusk or reptile, whether or not bred, hatched or born in captivity and including any egg or offspring of them.

(3) A person shall not have possession of any wild animal which has been imported into the province or has been brought into the island portion of the province from Labrador without the prior written permission of the minister.

(4) This section does not apply to wild animals set out in Schedule B.

17/84 s58

Release of wild life

84. A person shall not release into natural cover any wild animal imported into the province or propagated from stock imported into the province or brought into the island portion of the province from Labrador or propagated from stock brought from Labrador.

17/84 s59

Export of wild life

85. A person shall not export, take or carry any wild life out of the province except in pursuance to and by virtue of a permit issued by the minister or his or her agent.

17/84 s60

Scientific purposes

86. These regulations do not apply to a person who does an act prohibited by the regulations if it is done for scientific purposes or for the purpose of conservation of wild life and the person has obtained before the act the written permission of the minister or his or her agent.

17/84 s61

Exception

87. (1) Notwithstanding anything contained in these regulations, the minister or his or her agent may by written permission authorize any religious, charitable or educational organization to serve the meat of game with meals, for which a charge is made, where the game

(a) has been taken in accordance with these regulations; or

(b) has been forfeited and donated without charge to the organization.

(2) Notwithstanding anything contained in these regulations, the minister or an agent of the minister may issue a permit authorizing the possession of any wild life for mounting that has been taken by accidental means.

17/84 s62; 229/88 s16

Nuisance wild life

88. Wild life species which are considered by the minister to be a nuisance or menace may be taken by shooting or trapping with the written permission of the minister or his or her agent.

17/84 s63

Closed season except by order

89. In relation to any wild life species that is not named in the annual hunting or trapping orders, there is no open season.

17/84 s64

Traffic in wild life

90. A person shall not sell or purchase or attempt to sell or purchase or otherwise traffic in or have in his or her possession or under his or her control any wild life taken contrary to these regulations.

17/84 s65

PART VII
LICENCES

Complimentary licences

91. The minister may issue game and fishing licences, badges, tags and seals free of charge to His Honour the Lieutenant-Governor, the Honourable the Premier, former premiers and distinguished visitors to the province.

17/84 s66

Order re fees

92. Notwithstanding the fees prescribed by the minister, the minister may, by order,

(a) designate areas or zones in the Labrador portion of the province in which free licences for the hunting of caribou and free licences for the hunting of black bear may be issued subject to the conditions set out in the order;

(b) designate areas or zones in the Labrador portion of the province in which special licences for the hunting of caribou and special licences for the hunting of black bear may be issued at a fee prescribed by the minister subject to the conditions set out in the order; and

(c) designate areas or zones in the Labrador portion of the province in which free licences for the hunting of small game may be issued subject to the conditions set out in the order.

17/84 s67; 188/89 s1; 18/91 s1

Loss of licence copy

93. A person who loses or otherwise destroys his or her big game hunting licence may be issued a duplicate replacement licence upon submission of a duly completed affidavit and the payment of a fee as prescribed by the minister.

17/84 s68

Fees

94. Subject to sections 91 and 92, the fees payable for various licences shall be as prescribed by the minister.

17/84 s69

Licence issuers

95. (1) A person who, on behalf of the minister, issues a hunting or fishing licence for which a fee is charged may, in addition to that fee, charge the applicant an amount set by the minister to compensate the person for the time taken to issue the licence.

(2) A person to whom subsection (1) applies shall also issue hunting and fishing licences for which no fee is charged but shall not charge the applicant an amount as compensation for the time taken to issue the licence.

20/99 s1

Issue of licence prohibited

96. A person shall not issue a hunting licence to a person under the ages specified in sections 36 and 72.

17/84 s71

Production of licences

97. (1) A holder of a licence or badge or written permission issued under these regulations shall not refuse or neglect to produce the same or permit the examination of them when requested or required to do so by a wild life officer.

(2) A holder of a licence or badge or written permission issued under these regulations shall not permit that licence or badge or written permission to be used by another person.

(3) Subsection (2) does not apply to a disabled hunter who has specified a designated hunter to hunt for him or her under a valid big game licence.

17/84 s72; 96/99 s8

False application

98. (1) A person shall not make a false statement or supply false information when applying for a hunting, trapping or fishing licence.

(2) A person shall not complete a big game licence application form on behalf of another person without the knowledge and consent of that person.

17/84 s73

Persons under prohibition

99. (1) A person shall not apply for a big game licence during the period during which he or she is prohibited from holding a big game licence by order of a court made under the provisions of section 29 of the Wild Life Act.

(2) A big game licence shall be invalid if it is issued to a person who is prohibited from holding a big game licence by order of a court made under provisions of the Wild Life Act.

(3) A person shall not apply for a licence to hunt game during the period during which he or she is prohibited by a court from possessing a firearm.

(4) A licence to hunt shall not be issued to a person who is prohibited by a court from possessing a firearm.

(5) A licence to hunt shall be invalid if it is issued to a person who is prohibited by a court from possessing a firearm.

(6) Notwithstanding subsections (3), (4) and (5), a person who is prohibited by a court from possessing a firearm may be issued a small game licence for snaring which shall be clearly marked "not valid for shooting".

17/84 s74; 229/88 s17

Residents and non-residents

100. (1) A resident shall not apply for a big game licence with a non-resident.

(2) A non-resident and a person on behalf of a non-resident shall not apply for a big game licence with a resident.

(3) A non-resident shall not participate in the big game licence draw for residents.

(4) A non-resident and a person on behalf of a non-resident shall not apply for a resident small game licence.

(5) A big game licence shall be invalid if it is issued

(a) to a resident and a non-resident; or

(b) to a non-resident as a result of the big game licence draw for residents.

17/84 s75

Alteration or transfer of licence

101. (1) A person shall not alter, change or deface in a material manner or loan or transfer to another person a hunting, trapping or fishing licence or written permission or badge issued under the Act or regulations.

(2) A person shall not hunt, take or kill any wild life while in possession of or acting upon any hunting, trapping or fishing licence or written permission that has been altered, changed, defaced, loaned or transferred.

(3) A person shall not carry or possess any firearm in an area known to be frequented by wild life while in possession of or acting upon any hunting licence or written permission that has been altered, changed, defaced, loaned or transferred.

(4) In this section, "transfer" does not include the possession of a disabled hunter’s licence by a designated hunter as required by subsection 36.2(3).

17/84 s76; 229/88 s18; 96/99 s9

PART VIII
DOGS

Prohibition

102. A person shall not take a dog to a place frequented by wild life from April 1 to August 31 in any year.

17/84 s77

Exception

103. Notwithstanding section 102, the minister or his or her agent may issue a permit

(a) to individuals or organizations participating in dog field trials or dog field training; or

(b) to a disabled hunter whose use of a seeing eye dog is necessary for mobility,

subject to any conditions that may be included in the permit.

96/99 s10

Destruction of dogs

104. A wild life officer may destroy or cause to be destroyed any dog which is found harassing wild life.

17/84 s79

PART IX
AIRCRAFT AND CERTAIN VEHICLES

Prohibition on use of aircraft or vehicle

105. (1) A person shall not hunt wild life from any aircraft or any four-wheel drive motor vehicle or motor vehicle equipped with a caterpillar or track-tread, whether in motion or otherwise, but this shall not limit the use of a vehicle when being used for transportation purposes only.

(2) A person shall not use any aircraft in locating, spotting or searching for wild life for the purposes of directing or assisting himself or herself or another person to destroy or capture the wild life.

(3) A person other than the holder of a valid game licence shall not carry or possess a firearm in an aircraft without first having obtained a permit from the minister.

(4) Subsection (3) shall not apply to equipment carried on any aircraft in compliance with the provisions of the Aeronautics Act (Canada), the Air Regulations (Canada) and orders made under them or any aircraft flying a scheduled air service route.

(5) Where a person violates the provisions of these regulations while in an aircraft, four-wheel drive motor vehicle or motor vehicle equipped with a caterpillar or track-tread and the actual offender has not been ascertained and prosecuted, the person in control of the aircraft or motor vehicle at the time of the offence is responsible for the violation and may be prosecuted as the offender.

(6) Nothing in subsection (5) relieves the actual offender from liability for the violation.

17/84 s80; 229/88 s19

Harassment of wild life

106. A person shall not operate an aircraft, motor vehicle, vessel, snow machine or all-terrain vehicle in a manner that will harass any wild life.

17/84 s81

Firearms, ammunition, permits and licences

107. (1) A person other than a person holding a permit to carry, transport or possess firearms or ammunition issued to him or her by the minister or his or her agent shall not during the closed season carry, transport or possess a firearm or ammunition in any place known to be frequented by wild life, but a person travelling to a hunting area may, if he or she holds the proper game licence, carry, transport or possess a firearm or ammunition in an area known to be frequented by wild life if the firearm is cased or securely wrapped and tied.

(2) A person, other than a person holding a permit to carry, transport or possess firearms or ammunition, issued to him or her by the minister or his or her agent, shall not on a Sunday carry, transport or possess a firearm or ammunition in any place known to be frequented by wild life, but a person travelling to a hunting area on a Sunday may, if he or she holds the proper game licence, carry, transport or possess a firearm or ammunition in an area known to be frequented by wild life if the firearm is cased or securely wrapped and tied.

(3) A person shall not during any closed season for big game carry, transport or possess

(a) a rifle or single bullet;

(b) a rifled slug that can be fired from a shot gun; or

in any place known to be frequented by wild life, except a person during the prescribed open seasons may hunt small game with a .22 calibre rim-fire rifle.

(4) A person other than the holder of a valid game licence issued to him or her shall not carry, transport or possess a firearm or ammunition during the open seasons for shooting in any place frequented by wild life, unless authorized by the minister or his or her agent.

(4.1) Notwithstanding subsection (4), a disabled hunter who is permanently legally blind shall not carry, transport, possess or use a firearm for the purpose of hunting.

(5) A person, other than the holder of a big game licence, shall not, during an open season for big game carry, transport or possess

(a) a rifle or single bullet;

(b) a rifled slug that can be fired from a shotgun; or

in any place known to be frequented by wild life within a management area other than the management area in which the big game licence is valid, except a person may, during the prescribed open seasons, hunt small game with a .22 calibre rim-fire rifle.

(6) A person shall not hunt, take or kill any wild life with a repeating, automatic or autoloading shotgun which has not been permanently plugged or altered so that it is incapable of holding of total of more than 3 shells at one time in the chamber and magazine.

(7) A person shall not carry, transport or possess a repeating, automatic or autoloading shotgun in an area frequented by wild life, unless that shotgun has been permanently plugged or altered so that it is incapable of holding a total of more than 3 shells in the chamber and magazine at one time.

(8) A person shall not use for hunting or shooting wild life a set gun, swivel gun or the apparatus known as a silencer and for the purpose of this subsection, "set gun" means a contrivance, device or firearm capable of discharging or projecting a missile which is set to operate otherwise than in the presence of and by the direct act of user.

(9) A person shall not carry, transport or possess a set gun, swivel gun or the apparatus known as a silencer in an area known to be frequented by wild life.

(10) A person under the age of 16 years shall not carry, transport, possess or use firearms in any place frequented by wild life, except when authorized by a permit issued by the minister or his or her agent.

(11) A person shall not hunt, take or kill wild life with fully automatic rifle.

(12) Rep. by NR 82/99 s1

(13) The holder of a trapper's licence may carry, transport, possess and use a .22 calibre rim-fire rifle to kill furbearing animals that are alive in traps.

(14) A person shall not hunt, take or kill any big game by means of a rifle of .22 calibre or a rifle using ammunition having a bullet weight of less than 100 grains or a muzzle energy less than 1,500 foot pounds or a shotgun smaller than 20 gauge calibre.

(15) Notwithstanding subsection (14), the minister may by order designate areas or zones in the Labrador portion of the province in which .22 calibre centre-fire rifles may be used to hunt big game.

(16) A person shall not hunt any wild life and a person shall not carry, transport or possess in any area frequented by wild life a firearm which propels a missile by means of compressed air, compressed gas or by a spring but this section shall not be construed as prohibiting the hunting of wild life with hunting bows and hunting arrows as provided for in section 108.

(17) A person engaged in a timber operation or in maintenance of a timber operation or in a mining operation or in the construction or maintenance of a railway or public work shall not possess, during a closed season for big game, a firearm in the vicinity of a dwelling place or structure used in connection with that unless authorized by the minister or his or her agent.

(18) A person shall not possess in a fishing camp, hunting camp, summer cottage or other camp or cottage a firearm, during the periods of closed season, except that the minister or his or her agent may issue a permit to keep a firearm in that camp or cottage when the owner or occupier demonstrates the need to keep a firearm in that camp or cottage.

(19) A person shall not carry, transport or possess a loaded firearm in or on or discharge the same from any aircraft, motor car or other vehicle and for the purpose of this subsection a firearm shall be considered loaded if it has a loaded shell or cartridge in the barrel or in the magazine and that magazine is affixed to the firearm in its usual position.

(20) A person shall not discharge a firearm from or across a railway, highway, public road or private road.

(21) A person shall not hunt, take or kill any big game by means of the fully metal cased non-exploding bullet or ball commonly known as service ammunition or subject to section 108, by a missile other than a single bullet or ball.

(22) A person shall not carry, transport or possess a fully metal cased non-exploding bullet or ball commonly known as service ammunition in any area known to be frequented by wild life.

(23) A person shall not use or possess ammunition that has been cut, ringed or in any way altered in any area known to be frequented by wild life.

(24) A person holding a hunting licence shall not carry, transport or possess more than one firearm in an area known to be frequented by wild life unless each firearm in excess of one is unloaded and cased or securely wrapped and tied.

(25) For the purpose of this section, the following calibres are considered to be .22 calibres: .218, .219, .220, .222, .22/250, .223, .224 and .225 whether or not these calibres may use ammunition having a bullet weight in excess of 100 grains or having a muzzle energy in excess of 1,500 foot pounds.

17/84 s82; 275/90 ss1-3; 58/99 s1; 82/99 s1; 96/99 s11

Hunting bows and arrows

108. (1) A person shall not hunt, take or kill any wild life by means of a cross bow and arrow.

(2) A person shall not hunt, take or kill any big game by means of a long bow and arrow unless the long bow has at least 20 kilograms pull at full draw.

(3) A person shall not hunt, take or kill any big game by means of a compound bow and arrow unless the compound bow has at least 20 kilograms pull at peak draw.

(4) A person shall not hunt, take or kill any big game by means of a long bow or compound bow as provided in subsections (2) and (3) unless the arrow is tipped with a metal hunting head possessing 2 or more cutting surfaces retaining a sharpened edge.

(5) A person shall not hunt, take or kill any small game by means of a long bow and arrow unless the long bow has at least 10 kilograms pull at full draw

(6) A person shall not hunt, take or kill any small game by means of a compound bow and arrow unless the compound bow has at least 10 kilograms pull at peak draw.

(7) A person shall not hunt, take or kill any small game by means of a long bow or compound bow as provided in subsections (5) and (6) unless the arrow is tipped with a blunt, bludgeon or other small game tip designed to kill by shock.

(8) A person shall not hunt, take or kill any wild life with an arrow that is tipped with poison or a drug.

(9) A person shall not hunt, take or kill any wild life with an arrow that is equipped with barbed or explosive arrowheads.

(10) A person shall not carry, possess or transport any arrow tipped with poison or a drug in any area known to be frequented by wild life.

(11) A person shall not carry, possess or transport an arrow that is equipped with barbed or explosive arrowheads in any area known to be frequented by wild life.

17/84 s83

PART X
GENERAL

Checkstations

109. When directed by a wild life officer, every person shall stop at a wild life checkstation and shall produce game licences, tags, badges, firearms, ammunition and wild life for inspection.

17/84 s84

Poison

110. Except with the written authorization of the minister or an agent of the minister, a person shall not take, kill or possess any wild life by means of poison or set, lay out, put, place, cause or permit to be set, laid out, put or placed any poison or poisonous ingredients that may endanger wild life.

229/88 s20

Hunting near dwellings, schools, etc.

111. (1) A person shall not discharge a firearm within 1,000 metres of a school, playground or athletic field or within 300 metres of a dwelling.

(2) Every person who, while hunting, discharges or causes to be discharged or handles a firearm without exercising reasonable care for the safety of other persons, is guilty of an offence and is liable on conviction to a fine of not more than $500 or to imprisonment of a term of not more than 6 months, or both.

(3) A person shall not hunt or discharge a firearm within 1,000 metres of a commercial wood cutting operation that has been clearly marked by signs stating "No Hunting".

17/84 s87; 229/88 s22

Non-resident hunting

111.1 (1) In this section

(a) "adjacent" means

(i) in the case of a lake or pond, the lake or pond at which a co-operative camp or a cottage is located, and

(ii) in the case of a river or stream, within 800 metres upstream or 800 metres downstream of a co-operative camp or a cottage;

(b) "co-operative camp" means a non-commercial, private club, VIP camp or military camp that was in existence on May 18, 1990 and which is used for the purposes of sport fishing and hunting;

(b.1) "cottage" means a cabin, cottage, country home, vacation home or other similar structure which is not a primary residence and which is owned by a resident of the province but does not include a co-operative camp or a property owned by a corporate person;

(c) "direct relative" means a father, mother, sister, brother, son, daughter or in-law who is a resident of the province;

(d) "outfitter" means the owner or operator of a camp site, lodge, cabin and related facilities constructed solely for the purpose of and used solely as a base for outfitting operations for sports fishing or hunting and related commercial recreational activities that is licensed under the Tourist Establishments Regulations; and

(e) "provincial highway" means a public highway maintained by the Department of Works, Services and Transportation and designated by a route number.

(2) A non-resident shall not hunt, take or kill big game in any part of the province without employing and being accompanied by a licensed guide.

(3) A non-resident shall not angle for salmon or trout in any inland water of the province without possessing a valid inland fishery licence or a valid family inland fishery licence.

(4) Within the island portion of the province and south of 52° north latitude in Labrador, a non-resident shall not angle in any waters set out in Schedule I of the Fishery Regulations or other waters more than 800 metres from a provincial highway unless accompanied by a licensed guide or a direct relative.

(5) North of 52° north latitude, a non-resident shall not angle for any species of fish in any inland waters without engaging the services of an outfitter except that

(a) a non-resident who is the guest of a co-operative camp may angle in the waters adjacent to those camps if accompanied by a licensed guide;

(b) a non-resident who is accompanied by a direct relative who is a resident may angle in any inland water north of 52° north latitude; and

(c) in waters set out in Schedule I of the Fishery Regulations, a non-resident licensed to fish for salmon may fish within 800 metres upstream and 800 metres downstream to a bridge on a provincial highway if accompanied by a licensed guide.

(6) A non-resident may angle in any inland water within 800 metres of a provincial highway, other than waters set out in Schedule I of the Fishery Regulations, without using the services of an outfitter or without being accompanied by a licensed guide or a direct relative.

(7) When 2 or more non-residents hunt or angle together, the number of guides shall not be less than one guide for each 2 non-residents.

(8) Notwithstanding subsection (5), north of 52° north latitude, a non-resident who is a paying guest of a commercial tourist establishment licensed under the Tourist Establishment Regulations enacted under the Tourist Establishments Act may angle for fish in inland waters provided that he or she

(a) returns to that tourist establishment each night;

(b) utilizes the services of a licensed guide; and

(c) does not fish within 2 kilometres, or a distance which the minister may establish, of an existing licensed outfitter camp site, lodge, cabin and related facilities.

(9) Notwithstanding subsection (5), a non-resident who is a guest of a resident of the province at a cottage located in Labrador may angle for fish in inland waters provided that he or she

(a) fishes in waters adjacent to that cottage;

(b) is accompanied by a licensed guide; and

(c) a fee is not charged and remuneration is not paid for the guide service or for lodging, accommodations or meals at that cottage.

61/98 s1; 59/00 s1

Non-resident hunting

112. (1) In this section

(a) "adjacent" means

(i) in the case of a lake or pond, the lake or pond at which a co-operative camp is located, and

(ii) in the case of a river or stream, within 800 metres upstream or 800 metres
downstream of a co-operative camp;